In Criminal Misc. Bail Applications 19380 and 4637 of 2021, the High Court allowed bail for Sonvir Singh but rejected it for Virendra @ Veera in a case under Sections 323, 324, 325, 307, 504 IPC.
Bail granted to Sonvir Singh on personal bond and two sureties; Bail rejected for Virendra @ Veera.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19380 of 2021
Applicant :- Sonvir Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi,Sandeep Kumar,Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Vipin Chandra Pandey
With
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4637 of 2021
Applicant :- Virendra @ Veera Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi,Sujan Singh Counsel for Opposite Party :- G.A.,Sandeep Kumar,Vipin Chandra Pandey
Hon'ble Deepak Verma,J.
The above two bail applications of the applicants have been heard together and are being decided by a common order.
Heard learned counsel for the applicants; learned counsel for the informant and Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record.
The above bail applications have been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.416 of 2020, under Sections 323, 324, 325, 307, 504 I.P.C., P.S. Malpura, District Agra, during pendency of the trial.
Learned counsel for the applicant submitted that applicants are innocent and have falsely been implicated in the present case. Initially, N.C.R. was lodged but there is no reference of date of incident, thereafter same was converted into F.I.R. General role has been assigned to the applicants; the applicants are not involved in the alleged offence. There is no direct evidence against the applicant, Sonvir Singh. The applicants have two cases of criminal history in which, they have been granted bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant Sonvir Singh and Virendra @ Veera are languishing in jail since 20.02.2021 and 09.11.2020 respectively and in case, they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicants contending that injured has received grievous injury.
On perusal of the record, it is evident that there is no direct evidence against the applicant, Sonvir Singh. Therefore, he is entitled to be enlarged on bail.
So far as applicant Virendra @ Veera is concerned, main role of causing injury has been assigned to him. The injured in his statement, recorded under Section 161 Cr.P.C., has specifically averred that applicant Virendra @ Veera has assaulted the informant/injured with iron rod and he received grievous injury. Supplementary report of injured sustained grievous injuries and there is C.T. abdomen and X-ray done at Dr. M.B. Jain's Surgeon and Pathology which shows splenic injury with collection of blood in abdominal cavity along with ribs fracture on left side. The applicant Virendra @ Veera is not entitled to be enlarged on bail as the injury sustained by the injured is dangerous to life.
Accordingly, the bail application of applicant Virendra @ Veera is rejected .
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant Sonvir Singh has made out a case for bail. The bail application is allowed.
Let the applicant, Sonvir Singh , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 1.12.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.12.03 17:59:17 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether Sonvir Singh is entitled to bail considering lack of direct evidence.
Whether Virendra @ Veera is entitled to bail given the grievous nature of injuries caused.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶16
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Sonvir Singh
Virendra @ Veera
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
